News & Analysis as of

Fraud Wage and Hour

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Fox Rothschild LLP

IRS Increases Pressure on Businesses That Claimed Employee Retention Tax Credits

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The Internal Revenue Service (IRS) recently issued a news release identifying five new signs that a business’s Employee Retention Tax Credit (ERC) may be incorrect. It has also begun issuing a third round of letters denying...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

Guidepost Solutions LLC

H-2B Visa: 3 Must Knows for Employers

Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more

Benesch

Dialysis & Nephrology Digest - January 2024

Benesch on

NY Governor vetoes noncompete ban bill after opposition from health, business groups - Kathy Hochul vetoed a bill passed by both houses of the NY legislature in June that would’ve imposed bans of non-compete clauses in...more

Hinckley Allen

False Claims Act Judgment Entered Against Massachusetts Contractor for Submission of Subcontractor’s Fraudulent Payroll Records on...

Hinckley Allen on

On November 1, 2023, the Massachusetts Office of Attorney General (“AG”) issued a press release announcing the issuance of a judgment against a local contractor arising out of its subcontractor’s failure to pay prevailing...more

Fox Rothschild LLP

IRS Offers Employers a Chance to Withdraw Inaccurate Employee Retention Credit Claims

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Amid an ongoing federal crackdown on fraud in COVID-19 relief programs, the IRS announced that it will offer certain employers an opportunity to withdraw Employee Retention Credit (ERC) claims if they are concerned about...more

McDermott Will & Emery

Fristlose Kündigung wegen Kaffepause – Arbeitszeitbetrug als schwerwiegende Pflichtverletzung

McDermott Will & Emery on

Nachdem die Pflicht zur Arbeitszeiterfassung bestimmt worden ist, werden sich Arbeitgeber zukünftig womöglich vermehrt dem Problem des Arbeitszeitbetrugs und des Missbrauchs von Zeiterfassungssystemen stellen müssen. Mit...more

Dorsey & Whitney LLP

The Supreme Court Update - February 23, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued three decisions: Bartenwerfer v. Buckley, No. 21-908: This case analyzed the U.S. Bankruptcy Code’s prohibition of the discharge of debts that were incurred through...more

Frantz Ward LLP

Cleveland City Council passes the Wage Theft and Payroll Fraud Prevention Ordinance

Frantz Ward LLP on

Reposted from the Labor & Employment Law Navigator Blog - On Monday December 5, 2022, Cleveland City Council passed the Wage Theft and Payroll Fraud Prevention Ordinance (the “Ordinance”) – which prohibits the City of...more

Cozen O'Connor

The State AG Report – 5.5.2022

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: AG James Takes a Bite Out of Pizzeria Chain...more

Morrison & Foerster LLP - Class Dismissed

One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions

When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the...more

Morgan Lewis

COVID-19 Updates in the UK: Job Support Scheme Amendments and Furlough Fraud

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The United Kingdom has amended its new job protection scheme to require employees to work 20% of their usual hours in order to receive a government subsidy, and employers that knowingly received money to which they weren’t...more

Cozen O'Connor

Google Sued Over Antitrust Allegations | Preview Of 2020 AG Races | Delay Of Generic Humira Challenged

Cozen O'Connor on

2020 AG Elections- A Primer on 2020 State Attorneys General Elections- •Jerry Kilgore, a Member of Cozen O’Connor’s State Attorneys General Practice and former Virginia AG and Secretary of Public Safety, penned an alert...more

Fisher Phillips

Employers Can Be Held Individually Liable For Unpaid Wages In Colorado

Fisher Phillips on

The Colorado Court of Appeals recently held that the Colorado Wage Claim Act does not categorically bar individual liability for unpaid wages, rejecting arguments that a 2003 Colorado Supreme Court decision precluded any and...more

Carlton Fields

Second Circuit Upholds Arbitration Award Over Chargers Of Fraud And Perjury In The Arbitration Procedings

Carlton Fields on

A former bond trader for Odeon Capital Group obtained an arbitration award against Odeon for $1,102,193.00 on a claim for unpaid wages. Odeon then brought a petition to vacate the award on the ground of fraud, contending...more

Carlton Fields

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration

Carlton Fields on

The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession worker had volunteered to work...more

Seyfarth Shaw LLP

What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

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Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal...more

Jackson Walker

Class Action Report - October 2016

Jackson Walker on

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

Holland & Knight LLP

Religious Institutions Update: August 2016

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When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Parker Poe Adams & Bernstein LLP

Highly Compensated Employee Cannot Claim FLSA Violation Based on Employer's Wage Withholding

In order to claim most exemptions from overtime and minimum wage requirements under the Fair Labor Standards Act, employers must pay a guaranteed salary. Employers can only deduct from such salaries in very limited...more

Fisher Phillips

How Employers Can Combat Timecard Fraud And Employee Wage Theft

Fisher Phillips on

There is nothing so central to wage-hour laws than the sacred domain of “hours worked.” The concept is simple: employees record the time they spend working, and from this data employers generate labor budgets and employee pay...more

Pullman & Comley - Labor, Employment and...

Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more

Baker Donelson

District Court Extends Fifth Circuit’s Naquin Decision to Barge Cleaning/Repair Employee

Baker Donelson on

As previously reported (regarding the Naquin decision), the Fifth Circuit recently expanded the scope of Jones Act seaman status to include a shipyard worker who spent 70% of his time working aboard vessels (usually moored to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Secretary of Labor Perez Addresses 2013 AFL-CIO Quadrennial Convention And Lays Out Progressive Agenda

AFL-CIO RESOLUTION ATTACKS OBAMACARE - On September 10, 2013, U.S. Secretary of Labor Thomas E. Perez, to a standing ovation from assembled labor leaders, addressed the AFL-CIO’s 27th quadrennial constitutional...more

Sands Anderson PC

Are Pay Cards Lawful Wage Payments In Virginia?

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It was recently reported that a worker at a Pennsylvania McDonald’s sued her employer, a McDonalds’s franchisee, because she was required to receive her pay in the form of a debit card that carried hefty charges for virtually...more

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